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(영문) 창원지방법원 진주지원 2019.04.26 2019고단95
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:20 on November 26, 2018, the Defendant requested the payment of the Victim C (58 years of age) to the victim under “D” operated by Jinju-si, Jin-si, the Defendant heard the victim’s words “to offset the victim by KRW 2 million” from the liquor company every month, and “I find out whether I will prevent domestic funeral. I would like to hear the victim’s bath by using the word “I would like to find out whether I will do so. I would like to see how I will do so. I would like to see it. I would like to see the victim’s desire from the victim, which is a dangerous object in front of the main room of the said age club. I would like to get off the part of the victim’s head and once.

Accordingly, the defendant carried dangerous objects and carried about about 10 days of treatment to the victim, and the victim was suffering from a double diversative diversity.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to report internal investigation (afixix of photographs) and report internal investigation (afix of a medical certificate for a victim C);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines - The area to reduce the special injury, repeated crime (type 1) and the area to reduce the sentence, four months to one year from the imprisonment, - the scope of the recommended sentence modified according to the applicable sentencing guidelines: Six months to one year;

2. Determination of sentence - Determination of sentence - The risk of committing a crime by unloading beer disease, which is a dangerous thing, from the head of the victim;

- There are records of punishment for the same kind of crime in the past - contingent crimes arising in the course of dispute to receive wages that have not been received at a business establishment operating the victim, and there is a variety of crimes. The victim and the victim have only been smoothly agreed. There has been no punishment power for the last ten years.

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